The Pirate Party welcomes the latest development in the Dallas Buyers Club (“DBC”) case. Justice Nye Perram’s ruling protects Australians from speculative invoicing, a practice widespread in the US and other parts of the world in which copyright holders effectively extort legal settlements from those they accuse of copyright infringment. Furthermore, DBC was ordered to pay a bond of $600,000 to access contact details of alleged infringers to ensure they abide by restrictions his Honour may order over the content of communications between the rights-holders and the accused unauthorised file-sharers.
“We are pleased to see the Federal Court taking a keen interest in ensuring customers’ details are not used for shakedowns through speculative invoicing,” said Simon Frew, President of the Pirate Party. “We have been concerned that the DBC case would open the floodgates for a burgeoning new industry of copyright trolling in Australia.”
The judgement is a positive step for consumers because it limits the potential scope of damages. The company has not provided a legitimate way for damages to be calculated and Justice Perram has instructed the damages only be calculated in the context of someone viewing the movie, instead of calculating the cost of buying a commercial license to distribute. This ruling accords with the Pirate Party’s position on the issue, as well those of consumer and digital rights groups such as Electronic Frontiers Australia, who make the point that the movie retails for almost nothing compared to what might be sought as damages.